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(영문) 서울중앙지방법원 2014.07.15 2013가단192740
채무부존재확인
Text

1. The Plaintiff bears the Defendant under the GM commission agreement concluded between the Plaintiff and the Defendant on March 1, 201.

Reasons

1. Facts of recognition;

A. On March 1, 2011, while the Plaintiff was working as the Defendant’s insurance solicitor (SM) from August 5, 2009, the Plaintiff entered into a commission contract with the Defendant on March 1, 201 (hereinafter “instant commission contract”) and thereafter works as the Defendant’s Central FMG Bankch.

December 1, 2012.

B. The summary of the instant commissioning contract is as follows.

Article 2 [GM's Status and Duty of Good Faith] ① GM's status as an independent contractor and status as an insurance solicitor (business classification code C) and a service provider related to insurance and pension (business classification code D) under Article 2 subparagraph 8 of the Insurance Business Act.

Article 4 (Avoidance of Employment Relationship) (1) GM agrees to obtain the status as an independent contractor as prescribed in Article 2, and that the employment relationship or employment relationship between the company and GM is not jointly established.

(2) Unlike the employees of a company, GM shall be subject to the various criteria separately determined by the company with respect to this commissioning Agreement and GM.

Article 5 [Delegation Affairs] (1) GM shall actively perform the following affairs according to its discretion to the extent consistent with relevant Acts and subordinate statutes, supervisory regulations, and company's business policies and guidelines:

1. Guidance for insurance solicitation activities of insurance solicitors in charge, support for insurance solicitation activities of insurance solicitors in charge, 2, 3, 4 omitted, business practices related to commission of insurance solicitors in charge, education for related agencies, companies' business policies, guidelines and matters to be observed related to insurance solicitation maintenance for insurance solicitors in charge, duties of insurance solicitors in charge 6, confirmation and management for the performance of duties related to employees of the company belonging to Banch in charge, 7,8, and 9 omitted / [fee] ① Company shall pay fees to the performance of duties entrusted by GM during the contract period of GM in accordance with the GM remuneration standards, and if the relevant standards are modified, GM shall receive fees according to the modified standards for performance after the implementation of the revision of the relevant standards.

Article 9 [Duties of GM] (1)

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